I recently received an email from the ladies at MatureSensual, an advertising site for escorts over 40, about changes they’re making to head off the growing persecution of escort advertising sites by the US government. I thought there were a lot of important points, so I asked Liana of MatureSensual to do this article for me. If you want more information, contact @maturesensual on Twitter and Jaeleen will answer you, or go to this site and Liana will send you more on February 1st.
We are aware that there may be changes happening in the US legal system regarding the freedom to advertise our services and we’ve decided to take control of our own destiny rather than be at the mercy of these proposals – so we are going “offshore” (outside of the USA). You may need to consider this information for yourself and determine the next steps for your internet presence.
Under a proposal from Rep. Bob Goodlatte, anyone posting or hosting digital content that leads to an act of prostitution could face serious federal prison time as well as civil penalties. This is obviously bad news for us. Goodlatte’s proposal was offered as an amendment to another House bill, this one from Ann Wagner, which would open digital platforms to criminal and civil liability not just for future sex crimes that result from user posts or interactions but also for past harms brokered by the platforms in some way. So platforms that followed previous federal rules (which encouraged less content moderation in order to avoid liability) would now be especially vulnerable to charges and lawsuits. The bill currently has 171 co-sponsors, including ample numbers of both Republicans and Democrats.
We have all made choices around how we want to promote our businesses on the internet, and as small business entrepreneurs we are fiercely independent and, of course, are extremely proud of the fact. What our websites look like, who we link share with (our business associates), and who we will give our hard-earned money to for our paid advertising is all part of our branding and advertising strategies. Some of you will have chosen quality products such as Wix or Squarespace or (god forbid) Vistaprint. All are Content Management Systems (CMS); you chose a beautiful functional template, filled in the gaps, added your yummy photos, attached it to your domain and away you went, on a minimal monthly fee. CMS is wonderful, except when you want to move your website to another hosting service – you can’t. It isn’t part of a CMS’s business model; they like to keep you where you are “with them”. Some of these organisations may choose to interpret these laws and disallow your services; it’s too early to know, but you should be aware.
Organisations such as SafeOffice provide premium offshore services already and will be adding CMS to their portfolio of services, but you won’t be able to import your WordPress or existing CMS site into their system. Of course, you can copy & paste existing information into your new CMS, but basically, you will need to create it again using their templates. Organisations such as CutieTools (also CMS) will find ways of going offshore for you. Some of you will be familiar with WordPress – it also doesn’t import into CMS systems. We chose to use WordPress for our website solution. If you use WordPress, you will be able to use a plugin called All-in-One to create backups and to move your wordpress to another server. Generally it can take you two to three hours to create it on the new server and migrate it from the old server, if you have good technical skills. We currently have approximately 30 websites that we manage, and when we moved from one server to another last year some of those websites took considerably longer than the 2 to 3 hours to migrate across. So here’s hoping that you have kept your websites up to date with plugins, WordPress updates, and have eliminated any problems regarding viruses and hacks. Of course you may want to do the transfer yourself; however, if you want to focus on what you do best, providing an impeccable service to your clients, you may want someone else to handle the management of your WordPress site. You are invited to contact us ~ we’re happy to help. These are the four points that you need to consider when making an informed choice about the future of your advertising:
(1) Hosted offshore
(2) Incorporated offshore
(3) Cannot control website from USA
(4) No company officer in USA (for subpoena)
Our business model includes the use of WordPress for our websites and we have no intention of moving away from that software. We already have three of the four points implemented for our business model, so it was easy for us to take the next logical step and we expect to be live in the next four weeks from our new cozy home offshore. We are also implementing a mirrored server, which we think is vital in these times; a mirrored server means if anything happens to our server, we have a duplicate ready to go and it is just a matter of changing IP addresses to a different location. It’s very similar to what people like Pirate Bay would do to provide you a service. Point 3 is especially important because it could mean that you cannot edit your websites from inside the USA when you take those words to their extreme meaning. This may mean that you will need to use a Virtual Private Network (VPN) to mask your IP address – to give the look that you are in a different location. Unfortunately, the moment you forget to use that VPN, you put yourself at risk of being flagged. You may also need to mask the owner of the domain name; it may be as simple as having a private domain on your website so nobody can get your information, or having the registration transferred to someone outside of the USA (we naturally have because I live outside of the USA.) The brand remains the property of the service provider but the domain name registration is masked and handled outside of the USA.
The biggest fear for all of us will be if the US government or Internet Service Providers (ISP) block access to selected sites; search engines like Google could decide to exclude adult content in search results, and ISPs could block access to certain domains/IPs. Authoritarian countries do this all the time, and as things stand now in the US, First Amendment rights may be abrogated. Further moves in this direction would force all of us to go underground, creating a more dangerous environment for everyone. We have decided to protect every website we currently host by editing these WordPress sites offshore or with a VPN; if it becomes absolutely necessary to edit and maintain websites outside of the US, we already have everything in place. I can also see that there will be a sliding scale on the cost of editing and managing the website; it will be a monthly charge depending on the number of changes you like to make to your site. Some people like to set and forget others like to constantly tweak their offerings – pricing will be reflective of those choices. At present, all our websites at a minimum are edited on a monthly basis and to keep all plugins and WordPress databases up to date. Whenever changes are submitted, naturally all relevant updates are applied. All our websites are backed up twice a day and quality virus protection software to protect our sites. I would expect you would be paying $200-$240 USD for annual hosting fees for a quality server that can deliver your content to the US; I would further expect the transferring of your site from one server to another could cost you approximately $200 USD depending on the condition of your website and how you have managed it. Everything needs to come down to the cost of doing business and how you want to do your business. You need to fore-armed with information and make your choices and then successfully implement them whichever way you choose.
Ah, yes….Bob Goodlatte who tried in secret and failed publicly to gut the Office of Congressional Ethics. Only after a huge public outcry did he finally abandon the attempt.
This is why the recent abolition of net neutrality by the FCC is such a big deal. In my opinion, it signals the very real possibility of government-sponsored, private-implemented, censorship as a nifty way to circumvent the first amendment, without having to formally abrogate it. Comcast already came out with an ominous-sounding statement including language referring to “legal” uses of their network.
I don’t entirely trust VPN operators, as it could be very easy for a government agency to set one up, precisely with the purpose of spying on its customers. The ones I looked up all have their HQ in untraceable tax havens, except one that is domiciled in GB, home of the snooper’s charter.
I don’t see any details about how services would be paid for. International credit card payments are also vulnerable.
The law is finally catching up with the old style internet. I’m hoping for some new disruptive technology that makes the law obsolete again for a while. Some of the 5G cell phone stuff looks promising. Mixed with unlimited data and powerful phone cpu’s and encryption, everything could get pretty decentralized even while still technically running through the old wires of the backbone.
Maybe combined with small footprint webpages sort of in the spirit of twitter, mixed with the .onion concept, things can move faster than the law can keep up.
One other note on net neutrality and censorship. You either have free speech or you don’t. Free speech means even that which you don’t like. You can’t censor Nazis without it being possible to censor anybody else as well.
Censorship WAS happening with no limitations on it under net neutrality.
Is it possible to make a brand new website from an out of the country server and just leave the one you already have alone. There might be time to do that and get into search engines before things really go south. I have a WordPress which will be updated soon and will leave it right where it is.
Where do I find a reasonably priced place to build my new website out of the country? Having some options of places to go would be helpful to me and perhaps others who will click to read your info.
Also, my blog has been inactive for some time and was thinking of moving the blog part of my website to Tumblr where adult pics and content seem to be acceptable. What do you think will happen to Tumblr with these changes?
Thank you for sharing and helping many of us who are not all that web savvy.
Kisses Haley
One thing I would add – which I’m sure Liana is aware of but will I mention anyway – is with regard to point 4. A number of company officers within the gambling industry who do host offshore etc have in the past been arrested by US authorities whilst either visiting or transiting US jurisdiction because their sites provide illegal (by US law) services which are accessed by residents of the US.
That is a very important point you make. Anyone running escort directories or providing hosting facilities for escorts in another country could be a risk.
Privacy settings on domain names is not helpful, LE can ask for the real registration, and more likely ask for the payment details. So escorts please don’t register your domain, ask the offshore escort hosting company to buy the domain.
This of course puts the escort website hosting company into the gun sights. As pointed out the US LE arrest those who break US law as they travel to or through the US. I do wonder when you apply to travel to the US, whether they let you travel despite breaking the law in order to array you.
Of course staying in my own country is not safe, because the US can very easily request that I be arrested to face trial in the US with a very low threshold of evidence. This happens time and time again. Once in the US typically justice is very much on the side of LE, and innocents end up having to accept plea bargains.
If I provided escort hosting services I would be very wary of providing the for US residents despite hosting and living in the UK